Common Council

City of West Allis Meeting Minutes Common Council Mayor Dan Devine, Chair Alderperson Thomas G. Lajsic, Council President Alderpersons: Gary T. Barczak, Michael J. Czaplewski, Michael P. May, Cathleen M. Probst, Rosalie L. Reinke, Daniel J. Roadt, Vincent Vitale, and Martin J. Weigel Tuesday, March 18, 2014 7:00 PM City Hall Common Council Chambers REGULAR MEETING A. CALL TO ORDER The meeting was called to order by Mayor Devine at 7:00 p.m. B. ROLL CALL Present 9- Ald. Barczak, Ald. Czaplewski, Ald. Lajsic, Ald. May, Ald. Probst, Ald. Reinke, Ald. Roadt, Ald. Vitale, and Ald. Weigel C. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was led by Ald. Probst. Presentation of Mayoral Proclamations to Mark Choinski and Tyus White WIAA State Wrestling Champions from West Allis Central High School. D. PUBLIC HEARINGS 1. R-2014-0058 Resolution to confirm and adopt the report of the Director of Public Works/City Engineer containing the schedule of proposed assessments for improvement of W. Wildwood Terr. from S. 99 St. to east of S. 99 St., and W. Wildwood Ct. from S. 99 St. to west of S. 99 St. by minor asphalt resurfacing of the pavement, miscellaneous driveway repair, water main relay and utility adjustments. Sponsors: Public Works Committee Ald. Reinke received two (2) telephone calls of opposition on the construction. Explanation by Peter Daniels, Principal Engineer. Appearances: Christine O'Neil, 9729 W. Wildwood Terrace, inquired on the measurements and how they were derived. City of West Allis Page 1 Printed on 12/21/2018 Common Council Meeting Minutes March 18, 2014 2. 2014-0136 On the 2013-2014 “Class B” Tavern License application no. 2027 of Urban Joe Café, Inc., Pullum Tairi, Agent, d/b/a Urban Joe Café, Inc. for premises located at 7028 W. Greenfield Ave. (new-nonexisting location) in regard to exceeding the quota. Attachments: Downtown West Allis BID letter.Urban Joe.pdf LStallman communication.pdf MGiuli communication.pdf MVicena communication.pdf MElliott.pdf The City Clerk's Office received five (5) communications of support to exceed the quota for Urban Joe Cafe, Inc. Explanation by Paul Ziehler, City Administrative Officer, Clerk/Treasurer. Appearances: Diane Brandt, 2936 S. 93 St., representing the WA-WM Chamber of Commerce who is in support of exceeding the quota on the Class B Tavern license for Urban Joe. Joe Janz, 9606 W. Harding Pl., addressed the quota, destination places, and the quality of the downtown. Mr. Janz is in favor of exceeding the quota for Urban Joe. Robert Braun, 2160 S. 86 Street, expressed his opposition to exceed the quota. Nic DiStasio, 2322 S. 77 Street, expressed his support of Urban Joe exceeding the quota for Urban Joe as coffee shop not a bar. Pullum Tairi, 7028 W. Greenfield Ave, commented on the support he has received from the community and his intentions promote wellness to the city and to bring better businesses into the area not to have another tavern or another bar. The café is about community and bringing people together. Mark Vicena, 1338 S. 65 Street, questioned the three (3) Class B Tavern licenses in various stages and commented on the Downtown area as a destination. He stated that the addition of the liquor option could increase Urban Joe revenue and potential economic growth to the Downtown area. He cited other cities in the United States who had the same issues and what some of their points were. He commented on enhancing the cultural arts and image. Rebecca Pickhardt, 1301 S. 72 St., a Barista at Urban Joe is in support of exceeding the quota and commented on the opportunity for the business to grow and for additional learning opportunity. E. CITIZEN PARTICIPATION Violet Braun, 2160 S. 86 St., commented on the Common Core Standards, Amendment to Marriage, and Israel. Robert Braun, 2160 S. 86 St., commented on Lady Gaga, shooting of birds and squirrels, and a marriage amendment. Debra Torres, 1138 S. 65 St., supported Urban Joe Cafe. City of West Allis Page 2 Printed on 12/21/2018 Common Council Meeting Minutes March 18, 2014 F. ANNOUNCEMENT OF RECESS MEETINGS OF STANDING COMMITTEES Mayor Devine announced that the following Committees would meet during recess: Administration & Finance, Public Works, Safety & Development, License & Health, and Advisory. City of West Allis Page 3 Printed on 12/21/2018 Common Council Meeting Minutes March 18, 2014 G. MAYOR'S REPORT Mayor Devine welcomed two new businesses Villa Join the Movement, a shoe store, located at the West Allis Towne Centre, and Capri di Nuovo. He thanked West Allis Central High School and the Chamber of Commerce for putting on the Career Fair at both of the area high schools; and Jefferson Elementary for allowing him to read at their school for Read Across America. He reminded the community about the April 1 Election and announced a special note for voters in Ward 3 and Ward 5 who vote at Longfellow School that beginning April 1, 2014 the entrance will be located at the Southside of building. Mayor Devine announced an event taking place on March 19 by the National Association of Industrial and Office Properties, a commercial real estate development organization, which will showcase West Allis; and he thanked Patrick Schloss and his staff for working on this event. He announced the John McGivern's show, Around the Corner with John McGivern, will be showcasing West Allis and televised on March 20th. H. ALDERPERSON'S REPORT Ald. Reinke recognized the wrestlers and theatrical units of both high schools, and commented on attending the grand opening of Capri di Nuovo. Ald. Probst commented on attending the grand opening of Inspiration Studios, and thanked Jefferson Elementary School for allowing her to participate in Read Across America. I. APPROVAL OF MINUTES to approve the minutes of the regular meeting of March 4, 2014 J. ITEMS NOT REFERRED TO COMMITTEE 3. 2014-0150 Report of the Municipal Judge for the month of February 2014, consisting of all fines, costs and fees collected by the City of West Allis in the sum of $250,520.23. Attachments: Municipal Judge Report February 2014.pdf 4. 2014-0134 Sharon Van Hart communication regarding vehicle damages allegedly sustained traveling eastbound on National Avenue and S. 76 Street on February 24, 2014. 5. 2014-0147 Summons and Complaint in the matter of Bank of America, N.A. vs Patrick Balestrieri, et al, regarding foreclosure of mortgage, Case No. 14CV001863. 6. 2014-0151 Steven G. Paczesny communication regarding invoice #2014-170 dated January 22, 2014, for snow removal charges done on January 4, 2014. Passed The Block Vote K. STANDING COMMITTEE REPORTS None. L. COMMON COUNCIL RECESS that the Council recess until completion of Committee meetings Thereupon, the Council took a recess at 7:57 p.m. Upon returning from recess at 9:11 p.m., and the roll call being taken, there were: Present 9- Ald. Barczak, Ald. Czaplewski, Ald. Lajsic, Ald. May, Ald. Probst, Ald. Reinke, Ald. Roadt, Ald. Vitale, and Ald. Weigel City of West Allis Page 4 Printed on 12/21/2018 Common Council Meeting Minutes March 18, 2014 M. NEW AND PREVIOUS MATTERS ADMINISTRATION & FINANCE COMMITTEE 7. R-2014-0056 Resolution amending the loan terms & conditions for the Economic Development Loan by and between Mider Properties, LLC and the City of West Allis. Sponsors: Administration & Finance Committee 8. R-2014-0060 Resolution relative to amending the City of West Allis Policies & Procedures Manual No. 1413 (Health and Dental Insurance). Sponsors: Administration & Finance Committee Attachments: PRS13.Clean.pdf PRS13.Markup.pdf 10. 2014-0152 Communication from City Administrative Officer regarding request to fill the vacant position of Water Maintainer in the Department of Public Works, Water Division. Attachments: VACPOSREQ.WtrMaint 031814.pdf Passed The Block Vote Aye: 9- Ald. Barczak, Ald. Czaplewski, Ald. Lajsic, Ald. May, Ald. Probst, Ald. Reinke, Ald. Roadt, Ald. Vitale, and Ald. Weigel No: 0 9. R-2014-0063 Resolution of support relative to the Wisconsin Department of Transportation (WisDOT) Transportation 2014-2018 Alternatives Program (TAP) award cycle toward a West Allis bicycle share. Sponsors: Administration & Finance Committee Attachments: West Allis TAP Communication - CC.pdf Aye: 8- Ald. Barczak, Ald. Czaplewski, Ald. Lajsic, Ald. May, Ald. Probst, Ald. Reinke, Ald. Vitale, and Ald. Weigel No: 1- Ald. Roadt City of West Allis Page 5 Printed on 12/21/2018 Common Council Meeting Minutes March 18, 2014 PUBLIC WORKS COMMITTEE 11. O-2014-0018 An Ordinance to Repeal and Recreate Section 11.19 of the Revised Municipal Code for the City of West Allis Relating to Post-Construction Stormwater Management. Sponsors: Public Works Committee Held in Public Works Committee during recess. 13. R-2014-0064 Resolution amending the existing professional services contract with AECOM to provide consulting services relative to stormwater plan reviews in compliance with DNR NR151 & NR216 and MMSD's Chapter 13 rules for an additional sum not to exceed $10,000. Sponsors: Public Works Committee Attachments: R-2014-0064 Cert.pdf R-2014-0064 Amendment.pdf R-2014-0064 Amendment (SIGNED).pdf 14. 2014-0153 Request from the Wisconsin Department of Transportation for the City to temporarily restrict parking along the north side of Greenfield Avenue from S. 84 - S. 92 Streets. The proposed restriction would occur from 3:00 p.m. - 6:00 p.m., Monday through Friday from October 1, 2014 until October 31, 2017. Attachments: WI DOT request north side of Greenfield Avenue.pdf 15. O-2014-0013 An Ordinance to Amend Subsections 7.05(1)(t), 7.05(3)(a)1 and 7.05(4)(a)1 of the West Allis Revised Municipal Code Relating to Changing the Definition of "Residential Container" and to Require that all Residential Waste be Placed in Containers Purchased Through the City. Sponsors: Ald. Vitale Attachments: Health Commissioner communication.pdf Held in Public Works Committee during recess. 16. R-2014-0058 Resolution to confirm and adopt the report of the Director of Public Works/City Engineer containing the schedule of proposed assessments for improvement of W. Wildwood Terr. from S. 99 St. to east of S. 99 St., and W. Wildwood Ct. from S. 99 St. to west of S. 99 St. by minor asphalt resurfacing of the pavement, miscellaneous driveway repair, water main relay and utility adjustments. Sponsors: Public Works Committee City of West Allis Page 6 Printed on 12/21/2018 Common Council Meeting Minutes March 18, 2014 17. R-2014-0059 Final Resolution authorizing public improvement by minor asphalt resurfacing of the pavement, miscellaneous driveway repair, water main relay and utility adjustments in W. Wildwood Terr. from S. 99 St. to east of S. 99 St., and W. Wildwood Ct. from S. 99 St. to west of S. 99 St. and levying special assessments against benefited properties. Sponsors: Public Works Committee Passed The Block Vote Aye: 9- Ald. Barczak, Ald. Czaplewski, Ald. Lajsic, Ald. May, Ald. Probst, Ald. Reinke, Ald. Roadt, Ald. Vitale, and Ald. Weigel No: 0 12. R-2014-0061 Resolution supporting the display of the National Motto In God We Trust in the City of West Allis Common Council Chambers in a prominent location above the seal. Sponsors: Ald. Vitale Aye: 8- Ald. Barczak, Ald. Lajsic, Ald. May, Ald. Probst, Ald. Reinke, Ald. Roadt, Ald. Vitale, and Ald. Weigel No: 1- Ald. Czaplewski SAFETY & DEVELOPMENT COMMITTEE 18. 2014-0159 Communication relative to compliance with adopted special use conditions for Elite Environmental/CWT of Wisconsin located at 356-360 S. Curtis Road. Attachments: CC Communication 356-360 S Curtis.pdf Held in Safety & Development Committee during recess. 19. 2014-0070 Communication from the Department of Building Inspections and Neighborhood Services relative to non-compliance with adopted special use conditions for Elite Environmental/CWT of Wisconsin located at 356-360 S. Curtis Road. Attachments: Com. BINS Elite 4-15-14.pdf Held in Safety & Development Committee during recess. LICENSE & HEALTH COMMITTEE 20. 2014-0139 Director of Building Inspections and Neighborhood Services communication regarding D&G Investments, Thaddeus J. Derynda and Bernie Gallas (Partners), 2013-2014 Mobile Home Park License renewal application no. 290, d/b/a Mobile Estates of West Allis at 10401 W. Greenfield Ave. Attachments: Dir. of BINS Communication.pdf Held in License & Health Committee during recess. 21. 2014-0146 2014-2015 Mobile Home Park License renewal application no. 290 of D&G Investments, Thaddeus J. Derynda and Bernie Gallas (Partners), d/b/a Mobile Estates of West Allis located at 10401 W. Greenfield Ave. City of West Allis Page 7 Printed on 12/21/2018 Common Council Meeting Minutes March 18, 2014 Held in License & Health Committee during recess. City of West Allis Page 8 Printed on 12/21/2018 Common Council Meeting Minutes March 18, 2014 22. 2014-0158 2014-2015 Mobile Home Park License application(s). License application nos. 289 and 292 granted. 23. 2014-0149 2014-2015 Secondhand Article Dealer License application(s). License application nos. 311, 347, and 1742 granted. 24. 2014-0131 2014-2015 Used Vehicle Dealer License application(s). License application nos. 276, 1044, 1839, and 1947 granted. 25. 2014-0132 Carnival Permit application no. 2 of Corina Wenzel for Wenzel Amazements at Immaculate Heart of Mary Church grounds, 1121 S. 116 St., from May 23-25, 2014. 26. 2014-0133 Carnival Permit application no. 3 of Downtown West Allis, Inc. for West Allis Ala Carte, Greenfield Avenue between S. 70 - 76 Streets, on June 1, 2014. 27. 2014-0160 2013-2014 Class B Tavern Special Event Permit application no. 17 of Tap City, Inc., Mary M. Pakula, Agent, d/b/a Tap City USA, 7207 W. National Ave., (2013-2014 Class B Tavern License no. 650, Instrumental Music License no. 1510 and Dance Hall License No. 652) for a Benefit for Employee on Saturday, May 3, 2014 from 2:00 p.m. to 11:00 p.m. (Back parking lot with a tent, food, and outdoor music). Third (3rd) application for 2013-2014 license year. 28. 2014-0128 2013-2014 Special Instrumental Music Permit appl. no. 9 of 3M Management, LLC, Melissa M. Martin, Agent, d/b/a M&M's Sports Bar, 1900 S. 60 St. (2013-2014 Class B Tavern License no. 1931) for an event on March 28, 2014 (9:00 p.m. - 1:00 a.m.) and March 29, 2014 (9:00 p.m. - 1:00 a.m.). (Fourth permit for license year 2013-2014). 29. 2014-0129 2013-2014 Special Class B Beer and Wine License application(s). License application nos. 25-27 granted. with alcohol sales and service ending at 11 p.m. 30. 2014-0148 Tavern Operator License applications. 2013-2014 License application nos. 366 and 371 granted. 2013-2015 License application nos. 402, 404 and 405 granted. 31. 2014-0138 Police Department report regarding tavern violations/calls for service for the month of February 2014. Attachments: Police Dept. February 2014.pdf City of West Allis Page 9 Printed on 12/21/2018 Common Council Meeting Minutes March 18, 2014 32. 2014-0140 Police Department Report involving 1022 Pub & Grub, 1022 S. 60 St. (2013-2014 Class B Tavern License no. 1992 and Instrumental Music License no. 1993 of Vicente T. Lozano, Sr., Incident Date: February 9, 2014). Held in License & Health Committee during recess. 33. 2014-0141 Police Department Report involving The Draft, 9105 W. Lincoln Ave. (2013-2014 Class B Tavern License no. 1821, Dance Hall License no. 1823 and Instrumental Music Dance Hall License no. 1822 of The Draft LLC, Paula K. Johnson, Agent, Incident Date: February 15, 2014). Held in License & Health Committee during recess. 34. 2014-0142 Police Department Report involving Paulie's Pub & Eatery, LLC, 8031 W. Greenfield Ave. (2013-2014 Class B Tavern License no. 1403, Dance Hall License no. 1405 and Instrumental Music License no. 1406 of Paulie's Pub & Eatery, LLC, Kristine M. Budiac, Agent, Incident Date: February 16, 2014). Held in License & Health Committee during recess. 35. 2014-0143 Police Department Report involving Capt'n Nicks, 1503 S. 81 St. (2013-2014 Class B Tavern License no. 453 and Dance Hall License no. 503 of Cygnet Enterprises, Ltd., Scott A. Giesegh, Agent, Incident Date: February 7, 2014). Held in License & Health Committee during recess. 36. 2014-0144 Police Department Report involving Capt'n Nicks, 1503 S. 81 St. (2013-2014 Class B Tavern License no. 453 and Dance Hall License no. 503 of Cygnet Enterprises, Ltd., Scott A. Giesegh, Agent, Incident Date: February 28, 2014). Held in License & Health Committee during recess. 37. 2014-0145 Police Department Report involving Benno's Genuine Bar & Grill, 7413 W. Greenfield Ave. (2013-2014 Class B Tavern License no. 857, Dance Hall License no. 859, and Instrumental Music License no. 860 of Weigel's Hillcrest, Inc., Martin J. Weigel, Agent, Incident Date: February 18, 2014). Held in License & Health Committee during recess. 38. 2014-0119 2013-2014 Class B Tavern License application no. 2033, of HMSR LLC, Heather A. Rodriguez, Agent, d/b/a Stinger's, premises located at 9524 W. Greenfield Ave. (new-existing location). 39. 2014-0137 2013-2014 Class B Tavern License application no. 2035, Dance Hall License application no. 2036 and Instrumental Music License application no. 2037 of John G. Love, d/b/a The Island Bar for premises located at 6901 W. Beloit Rd. (new-existing location). 41. 2014-0135 2013-2015 Operator's License (bartender/sales clerk) application no. 15-403 for Marcia L. Blum. based on police report 43. 2014-0065 2013-2014 Operator's License (bartender/sales clerk) application no. 14-358 for Ariel D. Pfeifer. City of West Allis Page 10 Printed on 12/21/2018 Common Council Meeting Minutes March 18, 2014 based on two (2) nonappearances 44. 2014-0094 2013-2014 Class B Tavern License application no. 2027 of Urban Joe Cafe, Inc., Pullum Tairi, Agent, d/b/a Urban Joe Cafe, Inc., for premises located at 7028 W. Greenfield Ave. (new-nonexisting location). Held in License & Health Committee during recess. Passed The Block Vote Aye: 9- Ald. Barczak, Ald. Czaplewski, Ald. Lajsic, Ald. May, Ald. Probst, Ald. Reinke, Ald. Roadt, Ald. Vitale, and Ald. Weigel No: 0 42. 2014-0113 2013-2015 Operator's License (bartender/sales clerk) application no. 15-398 for Ross A. Cunningham. Aye: 8- Ald. Barczak, Ald. Czaplewski, Ald. Lajsic, Ald. May, Ald. Probst, Ald. Reinke, Ald. Roadt, and Ald. Vitale No: 1- Ald. Weigel 40. 2014-0127 2013-2015 Operator's License (bartender/sales clerk) application no. 15-401 for Nicole M. Hoffmeier. based on police report. Aye: 5- Ald. Barczak, Ald. May, Ald. Probst, Ald. Roadt, and Ald. Weigel No: 4- Ald. Czaplewski, Ald. Lajsic, Ald. Reinke, and Ald. Vitale ADVISORY COMMITTEE 45. 2014-0156 Appointment by Mayor Devine of Mr. Yuriy Ksenidi as a member of the West Allis Capital Improvement Committee, his term to expire January 10, 2015. 46. 2014-0157 Appointment by Mayor Devine of Mr. Walter Sturgeon as a member of the West Allis Capital Improvement Committee, his term to expire January 10, 2015. Passed The Block Vote Aye: 9- Ald. Barczak, Ald. Czaplewski, Ald. Lajsic, Ald. May, Ald. Probst, Ald. Reinke, Ald. Roadt, Ald. Vitale, and Ald. Weigel No: 0 City of West Allis Page 11 Printed on 12/21/2018 Common Council Meeting Minutes March 18, 2014 N. ADJOURNMENT to adjourn at 9:29 p.m., with the next regularly scheduled meeting to be held on April 1, 2014, at 7:00 p.m /s/Paul M. Ziehler City Administrative Officer Clerk/Treasurer All meetings of the {bdName} are public meetings. In order for the general public to make comments at the committee meetings, the individual(s) must be scheduled (as an appearance) with the chair of the committee or the appropriate staff contact; otherwise, the meeting of the committee is a working session for the committee itself, and discussion by those in attendance is limited to committee members, the mayor, other alderpersons, staff and others that may be a party to the matter being discussed. NON-DISCRIMINATION STATEMENT The City of West Allis does not discriminate against individuals on the basis of race, color, religion, age, marital or veterans' status, sex, national origin, disability or any other legally protected status in the admission or access to, or treatment or employment in, its services, programs or activities. AMERICANS WITH DISABILITIES ACT NOTICE Upon reasonable notice the City will furnish appropriate auxiliary aids and services when necessary to afford individuals with disabilities an equal opportunity to participate in and to enjoy the benefits of a service, program or activity provided by the City. LIMITED ENGLISH PROFICIENCY STATEMENT It is the policy of the City of West Allis to provide language access services to populations of persons with Limited English Proficiency (LEP) who are eligible to be served or likely to be directly affected by our programs. Such services will be focused on providing meaningful access to our programs, services and/or benefits. City of West Allis Page 12 Printed on 12/21/2018